DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election without traverse of species A (fig.1-6C) in the reply filed on 02/202/2026 is acknowledged. However, claim(s) 4 recites feature “wherein anti-back off teeth are formed on a top facing of the radial flange”, which is directed towards non-elected Species B (fig.8D). Accordingly, claim(s) 4 is/are withdrawn from consideration. Claims 1-3,5-7 will be examined.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stolz (US5566864A).
Regarding claim 1, Stolz teaches a screw top closure attachable to a container neck having cooperating screw-on features, the closure comprising (fig.1 shows the screw cap 10 attachable to a container neck and screwed on and off):
an closure body having an radial flange, defining a central aperture (fig.1 below shows the body with the top radial flange that has central aperture in the middle), and an annular skirt extending axially downward along an outer periphery of the radial flange (fig.1 below shows the skirt that extends down along the periphery of the flange as shown in figure 2);
a collapsible spout (fig.1 spout 20) having a first invertible cone section with a peripheral container plug seal sealingly engaging the radial flange (see annotated fig.1 below for the first invertible cone section with a plug seal sealing engaging the radial flange when in a condensed form as seen in fig.2), a second cone section defining a dispensing aperture along an inner facing (annotated fig.1 below shows the second cone with where when sealing disc 25 is pulled off the dispensing aperture opens), and at least two diametrically opposing overcap engagement protrusions positioned on an outer facing of the first and/or second cone section(s) (fig.1 below shows the cap 12 with threads 24 that are on the second cone section which is on the outer face) and wherein the first and second cone sections are contiguous so that, when the spout is collapsed, the second cone section nests within the first cone section so as to be at least partially coaxially nested within the annular skirt and, when the spout is extended, the second cone section extends axially above the first cone section (fig.1 below and fig.2 show the first and second cone sections are contiguous as when the spout is collapsed the second sits within the first and are at least partially coaxially within the skirt and the when extended the second cone extends above the first cone as seen below); and
an overcap attachable to the second cone section (fig.1 below shows cap 12 is attached to second cone), the overcap having a top panel with an integral pull ring (fig.1 below shows the cap 12 with top panel with handle member 29), a deformable skirt extending axially downward along an outer periphery of the top panel (see annotated fig.1 below for the skirt which is made from plastic and will deform to some extends that extends axially downward from the top panels outer periphery), and at least two diametrically opposing child resistant tabs provided on a terminal edge of the deformable skirt and wherein the diametrically opposing child resistant tabs engage the overcap engagement protrusion to selectively prevent removal of the overcap from the spout except when the deformable skirt is squeezed with sufficient force to disengage the child resistant and overcap protrusions (fig.1 below shows the projections 26’s that are diametrically opposing child resistant tabs on the terminal edge of the skirt proximate form the skirt and engaged the cap 12 to prevent removable of the cap 12 until it is acted on by a force from the user by inwardly pressing it).
Annotated fig.1 of Stolz
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Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Stolz further teaches herein a removable panel initially seals the dispensing aperture (fig.1 shows the handle member 29 that initially seals the dispensing aperture).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Stolz further teaches wherein a plug seal is formed on an underside of the top panel so as to seal the dispensing aperture (fig.1 shows the seal 25 formed on the underside of the top panel).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 above and further in view of Abraham (US20200317406A1).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Stolz does not teach wherein anti-back off lugs are formed along an inner facing of the annular skirt.
Abraham does teach wherein anti-back off lugs are formed along an inner facing of the annular skirt (fig.15a-15b show the closure 10 with anti-back off lungs pawls 18 formed on the inner ring 14). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the annular skirt disclosed by Stolz by adding the teaching of anti-backoff pawls on inner surface of ring as disclosed by Abraham in order to make the closure child resistance as well for a user to easily tell from a detached or missing ring that the container has already been opened creating a tamper resistance feature due to the anti-backoff pawls.
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Stolz as modified in claim 2 further teaches wherein the anti-back off lugs engage cooperating lugs on an outer circumference of a container neck (fig.15-15b show the pawls 18 engage the ratchet teeth 74).
Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Stolz further teaches a container (“This invention relates to a closure for a container, having a lower closure member and a screw cap in which the lower closure member is adapted to be connected to the container opening by a base member.” -col.1 lines 9-12). Stolz does not teach wherein the container having one or more lugs proximate to a neck which engage an inner facing of the annular skirt to prevent removal of the screw top closure after said screw top closure has been threadingly coupled to the neck.
Abraham does teach wherein the container having one or more lugs proximate to a neck which engage an inner facing of the annular skirt to prevent removal of the screw top closure after said screw top closure has been threadingly coupled to the neck (fig.15a-15b show the container with the ratchet teeth 74 that are on the neck of the container and they engage the inner face of the skirt 14 and prevent removal of the closure 10 after the closure has been threadingly coupled to the neck). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Stolz by adding the teaching of ratchet teeth on the neck of the container as disclosed by Abraham in order to make the closure child resistance as well for a user to easily tell from a detached or missing ring that the container has already been opened creating a tamper resistance feature due to the anti-backoff pawls since the skirt has the pawls that engage the teeth.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-7 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No.12,151,859 B2. This is a statutory double patenting rejection.
Regarding claim 1, Patent ‘859 (claim 1) discloses the claimed subject matter.
Regarding claim 2, Patent ‘859 (claim 1 and 7) discloses the claimed subject matter.
Regarding claim 3, Patent ‘859 (claim 1 and 8) discloses the claimed subject matter.
Regarding claim 5, Patent ‘859 (claim 1 and 10) discloses the claimed subject matter.
Regarding claim 6, Patent ‘859 (claim 1 and 11) discloses the claimed subject matter.
Regarding claim 7, Patent ‘859 (claim 1 and 12) discloses the claimed subject matter.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735